TMI Blog2005 (3) TMI 113X X X X Extracts X X X X X X X X Extracts X X X X ..... duty paid on high speed diesel oil for the period commencing from 16th March, 1995 and ending with the day the Finance Act, 2000 received the assent of the President. We are told that the President gave his assent on 1st April, 2000. In view of validation Act, the Judgment of the Tribunal to this extent cannot be sustained and is accordingly set aside - The Respondent is absent. He will have to b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dgment has held that they are so entitled. 3. Section 112 of the Finance Act, 2000 provides as follows :- "112. Validation of the denial of credit of duty paid on high speed diesel oil. - (1) Notwithstanding anything contained in any rule of the Central Excise Rules, 1944, no credit of any duty paid on high speed diesel oil at any time during the period commencing on and from the 16th day of M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uit or other proceedings shall be maintained or continued in any court, tribunal or other authority for allowing the credit of the duty paid on high speed diesel oil and no enforcement shall be made by any court, tribunal or other authority of any decree or order allowing such credit of duty as if the provisions of sub-section (1) had been in force at all material times; (b) recovery shall be ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e been so punishable if this section had not come into force." Thus, by this provision no credit is admissible on any duty paid on high speed diesel oil for the period commencing from 16th March, 1995 and ending with the day the Finance Act, 2000 received the assent of the President. We are told that the President gave his assent on 1st April, 2000. In view of validation Act, the Judgment of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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